Remote Online Notarization (RON) lets a commissioned notary and a signer meet over live audio-video to complete a legally valid notarial act on an electronic document. The session is recorded, the signer’s identity is verified with specific digital checks, and the notary applies an electronic signature and seal that make later tampering evident. MBA+1
1) The legal landscape—state law first, with federal guard-rails
RON is primarily governed by state statute and administrative rules. As of 2025, nearly all U.S. states and D.C. have permanent RON frameworks, many based on the Uniform Law Commission’s Revised Uniform Law on Notarial Acts (RULONA 2021), which explicitly authorizes remote notarization using audio-visual technology and identity proofing. Uniform Law Commission
Two longstanding federal e-signature regimes underpin electronic records used in RON:
- ESIGN Act (15 U.S.C. § 7001)—an electronic signature or record cannot be denied legal effect solely for being electronic. Legal Information Institute
- UETA—the model state law adopted by 49 states plus D.C., Puerto Rico and the U.S. Virgin Islands; New York uses a similar statute (ESRA). Together with ESIGN, it establishes legal equivalence of electronic and paper records/signatures. Uniform Law Commission+1
Federal “SECURE Notarization Act” (2025)
In 2025, identical SECURE Notarization Act bills were introduced in both chambers (H.R. 1777; S. 1561). If enacted, they would set national minimum RON standards and promote interstate recognition, but as of November 2025 they remain proposed legislation—not law. Always check current status before relying on them. Congress.gov+1
2) How a compliant RON session works (typical workflow)
While exact rules vary by state, the common, standards-based steps are:
- Audio-video conference & recording. The signer “appears” before the notary by two-way audio-video; the whole session is archived per state retention rules. (Example: Texas requires a secure electronic journal of each online notarization.) Texas Statutes+1
- Identity proofing. Most states require multi-factor identity checks such as:
- Credential analysis of a government ID;
- Knowledge-based authentication (KBA) or comparable tests;
- and/or MFA at login. These controls are often benchmarked to NIST Digital Identity Guidelines (IAL for proofing, AAL for authentication). HYPR Blog+3Texas Legislature Online+3NIST Publications+3
- E-signing and e-seal. The signer electronically signs; the notary applies an electronic signature and digital seal/certificate in a way that enables independent verification and makes later changes detectable. (Texas and other states prescribe these tamper-evident and verification requirements.) Texas Secretary of State
- Electronic notarial certificate. The certificate states that the act was performed via communication technology and includes time, jurisdiction, and other required elements (many states enumerate exact fields in statute or rule). Justia Law
- Retention. Notaries must keep the recording and electronic journal for a statutory period (commonly 5+ years), and protect backups from unauthorized use. NCRA+1
Industry standards
In real estate and lending, parties often align with MISMO RON Standards (V2 finalized through a 2024 public-comment cycle) to harmonize platform features, security, and data elements. MISMO
3) Interstate and cross-border recognition
Generally, if a notarial act is valid under the law of the state where the notary is commissioned, other U.S. jurisdictions will recognize it (ESIGN/UETA help ensure the validity of the underlying electronic record/signature). Some states also provide mechanisms for certificates of authority to support out-of-state or international acceptance—for example, Virginia’s statute describes an electronic certificate of authority that can accompany a notarized e-document sent to another state or country. Always confirm the destination jurisdiction’s acceptance requirements. Legal Information Institute+2Uniform Law Commission+2
Historical note: Virginia was the first state to adopt permanent RON (law signed 2011; effective 2012), and its framework explicitly contemplates remotely located signers. DocuSign+1
4) What you can (and sometimes cannot) notarize by RON
RON works well for acknowledgments and many jurats used in finance, real estate, insurance, and corporate transactions. However, each state lists exceptions—for example, certain wills/codicils, testamentary trusts, or family-law documents may be excluded or subject to extra steps. Before scheduling a RON, check the commissioning state’s exclusions and any recording office policies (county recorders may specify formatting for e-recordable deeds). Authoritative practice resources and state SOS pages maintain current lists. National Notary Association
5) Choosing a RON platform: due-diligence checklist
- State authorization: Confirm the platform is approved (if your state maintains an approved-vendor list) and can implement your state’s specific rules (e.g., journal fields, retention period). Texas Secretary of State
- Identity proofing: Ensure support for credential analysis + KBA (or other state-permitted methods) at assurance levels consistent with NIST SP 800-63. NIST Publications+1
- Tamper evidence & verification: Look for X.509-based digital certificates and seals, MISMO-aligned artifacts, and independently verifiable audit trails. MISMO
- Security & retention: Encrypted storage of recordings/journals with access controls and backup protection that meet statutory requirements. Texas Secretary of State
- Interoperability: If documents are headed to title/recording, confirm MISMO-compatible outputs and county e-recording support. MISMO
6) Practical tips for notaries and organizations
For notaries
- Keep your commission scope front-of-mind: in most states you may notarize for a signer located anywhere so long as you are physically in your commissioning state at the time of the act (check your statute/rules). DocuSign
- Maintain scripts and checklists for opening the session, consent to recording, ID proofing, and certificate language required for RON. (Several states mandate specific disclosures.) Old Republic Title
- Audit your journal after each session; incomplete fields are a common compliance gap cited by SOS offices. Texas Secretary of State
For businesses using RON
- Map document types to the commissioning state’s rules and any destination acceptance rules (real-property filings, foreign consulates, regulators). MBA
- Standardize on one or two platforms that satisfy MISMO V2 and your record-keeping policy. MISMO
- Align your e-signature consent and delivery process with ESIGN’s consumer-consent provisions. FDIC+1
7) Common pitfalls
- Assuming universal acceptance. A document validly notarized in State A is generally recognized in State B, but a recipient (e.g., a county recorder or foreign authority) may set format or authentication requirements—plan for certificates of authority or apostilles where relevant. Virginia Law
- Weak identity proofing. If KBA/credential analysis fails statutory thresholds or recording is incomplete, the notarization can be challenged. Use platforms aligned to NIST guidance. NIST Publications
- Retention lapses. Losing access to your recording or e-journal violates rules in many states. Implement secure backups per statute. NCRA+1
Bottom line
RON is now a mainstream, legally robust way to notarize documents in the U.S., grounded in state RON statutes and supported by ESIGN/UETA. The proposed federal SECURE Notarization Act of 2025 could further harmonize standards and recognition if enacted, but until then, compliance rests on state-specific requirements plus well-established industry standards (MISMO) and NIST-aligned identity proofing. Before each transaction, verify the commissioning state’s current rules and any destination acceptance needs. Congress.gov+4Uniform Law Commission+4Legal Information Institute+4
If you’d like, I can tailor this for a specific state’s rules (e.g., Virginia, Texas, New York) or for cross-border use cases (e.g., a signer overseas), and include a step-by-step checklist and sample RON certificate wording for that jurisdiction.
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make an image to accompany this article that says notarise now
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write an article about online notarisation in texas
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Online Notarization in Texas: How It Works and What You Need to Know (2025)
Texas was one of the earliest U.S. states to authorize Remote Online Notarization (RON), allowing notaries to perform notarial acts over a live audio-video connection rather than in person. Since 2018, this system has transformed how individuals and businesses handle important documents—especially in real estate, finance, and cross-border transactions.
1. Legal foundation of online notarization in Texas
Remote Online Notarization in Texas is authorized under Chapter 406, Subchapter C of the Texas Government Code and Title 1, Chapter 87 of the Texas Administrative Code (rules issued by the Texas Secretary of State).
Texas was among the first states—alongside Virginia—to formally legislate RON, effective July 1, 2018. This framework establishes that a notarial act conducted using approved audio-video communication and digital verification methods has the same legal validity as one performed in person.
Key legal references include:
- Texas Government Code §406.101–§406.109: Establishes the authority and duties of online notaries public.
- Texas Administrative Code, Title 1, Part 4, Chapter 87: Sets the detailed standards for identity verification, recordkeeping, and technology.
- Texas Business & Commerce Code Chapter 322 (UETA): Recognizes electronic signatures and records as legally binding, complementing the federal ESIGN Act (15 U.S.C. §7001).
2. Becoming a Texas online notary
To perform remote online notarizations, a Texas notary must first hold a traditional notary commission and then apply for an online notary commission through the Texas Secretary of State.
Application requirements:
- Existing commission as a Texas notary public in good standing.
- Digital certificate issued by a trusted certificate authority for electronic signatures.
- Electronic seal that meets state specifications.
- Statement of intent outlining the technology or platform the notary intends to use.
- $50 filing fee with the Secretary of State.
Once approved, the notary may perform notarizations remotely for signers located anywhere, provided the notary themselves is physically located within Texas at the time of the act.
3. How remote notarization works in Texas
A compliant online notarization in Texas must include the following key elements:
Step 1: Audio-video conference
The notary and signer connect through a secure, real-time audio-video platform (e.g., Notarize, DocuSign, Nexsys). The session must allow both sides to see and hear each other clearly and be recorded in full.
Step 2: Identity verification
The signer’s identity must be confirmed through at least two methods:
- Credential analysis: Verification of a government-issued photo ID (such as a passport or driver’s license) by an automated or human-reviewed system.
- Knowledge-based authentication (KBA): Answering dynamic questions based on public or credit-record data.
These steps follow NIST Digital Identity Guidelines to ensure high assurance.
Step 3: Document review and e-signature
The signer electronically signs the document while on camera. The notary verifies the signature, applies their digital certificate and electronic seal, and completes an electronic notarial certificate that specifies the notarization was performed online.
Step 4: Recordkeeping
The Texas online notary must:
- Keep a secure electronic journal of all online notarizations.
- Retain audio-video recordings of each session for at least 5 years.
- Protect all data from unauthorized access and ensure confidentiality.
4. Permitted documents and common uses
Most documents that can be notarized in person may also be notarized online in Texas, including:
- Real estate deeds and loan documents
- Affidavits and statutory declarations
- Business contracts and powers of attorney
- Vehicle title transfers
- Identity verification forms
Exceptions:
Texas law prohibits remote notarization for certain testamentary instruments such as wills, codicils, and some estate planning documents unless specific legislative conditions are met. Always confirm whether your document type qualifies.
5. Benefits of Texas RON
| Advantage | Description |
|---|---|
| Convenience | Signers can appear from anywhere in the U.S. or abroad. |
| Speed | Documents can be notarized in minutes, without travel or mailing delays. |
| Security | Digital certificates, tamper-evident seals, and recordings ensure authenticity. |
| Accessibility | Beneficial for remote, disabled, or overseas signers. |
| Legal certainty | RON is fully recognized under Texas law and the ESIGN/UETA framework. |
6. Recognizing Texas online notarizations across borders
Under Texas Government Code §406.108, an online notarization performed by a duly commissioned Texas online notary is valid for all purposes in Texas and beyond.
Most other U.S. states recognize RON documents if validly performed under the laws of the commissioning state. For international use, a Texas online notarization may require an apostille or certificate of authority, depending on the receiving country’s requirements.
7. Practical tips for using RON in Texas
For signers:
- Confirm your internet connection, ID validity, and webcam/microphone before the session.
- Read the consent and privacy disclosures from the notary’s RON platform.
- Review the completed document carefully before submission or recording.
For notaries:
- Always perform notarizations from within Texas jurisdiction.
- Verify that your digital certificate and e-seal remain valid.
- Maintain secure backup copies of your journal and recordings.
- Follow Texas SOS guidance and respond to audits if requested.
8. The future of online notarization in Texas
Texas continues to refine its RON framework through administrative updates and coordination with national standards like MISMO and NIST SP 800-63. The federal SECURE Notarization Act—if enacted—will further streamline interstate recognition, but Texas already serves as a model jurisdiction for practical and legally sound remote notarization.
✅ Summary
- Texas law has recognized Remote Online Notarization since 2018.
- Notaries must be physically in Texas but may serve signers anywhere in the world.
- RON sessions require real-time audio-video, digital identity proofing, and secure electronic recordkeeping.
- Documents notarized online in Texas carry full legal effect under state and federal electronic signature laws.
Would you like me to add a visual guide or infographic summarizing the Texas RON process (e.g., “Step-by-Step: How Online Notarization Works in Texas”)? It would make a strong companion image for this article.
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write an article about new york online notarisation
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Online Notarization in New York: A Complete 2025 Guide
New York was once one of the slowest states to adopt remote notarization, but today it has one of the most structured and technologically advanced systems in the U.S. After years of temporary pandemic authorizations, New York’s permanent Remote Online Notarization (RON) law took effect in 2023, marking a major modernization of notarial practice in the state.
This article explains the legal framework, how the process works, who can perform online notarizations, and the key compliance rules every signer and notary should know.
1. Legal foundation for remote notarization in New York
Statutory authority
Remote notarization in New York is governed primarily by:
- Executive Law §135-c, enacted through Chapter 767 of the Laws of 2021, as amended by Chapter 104 of the Laws of 2022.
- 19 NYCRR Part 182 (adopted by the New York Department of State).
- Complemented by New York’s Electronic Signatures and Records Act (ESRA) (State Technology Law §§301–309) and the federal ESIGN Act (15 U.S.C. §7001).
The permanent framework replaced the emergency executive orders that permitted remote notarization during the COVID-19 pandemic.
2. Two categories of notarization
New York recognizes two main forms of electronic notarization:
- Electronic Notarization (In-Person): The signer and notary meet physically but sign electronically on a digital platform.
- Remote Online Notarization (RON): The notary and signer interact entirely online using real-time audio-video communication that meets state-approved technical and security standards.
3. Becoming an electronic or remote notary in New York
A New York notary must first hold a traditional commission under Executive Law §130 and then complete an additional registration for electronic/remote notarization with the Department of State (DOS).
Application requirements
- Current, active notary commission in New York.
- Completion of the electronic notary registration through the DOS online portal.
- Disclosure of the RON platform(s) to be used (must meet state standards).
- Digital certificate for secure electronic signatures.
- Electronic seal compliant with DOS requirements.
- $60 fee for the additional registration.
Once approved, the notary may perform both in-person electronic and remote online notarizations.
4. The remote notarization process in New York
Step 1: Real-time audio-video communication
The notary and signer must communicate in real time through a secure, tamper-evident audiovisual connection. The technology must allow both parties to see, hear, and interact simultaneously.
Step 2: Identity verification
New York requires strict multi-factor identity proofing, including:
- Credential analysis of a government-issued photo ID, and
- Dynamic knowledge-based authentication (KBA) with at least five personal questions.
If the signer is personally known to the notary, KBA may be waived, but credential analysis is still required.
Step 3: Document signing
The signer electronically signs the document in the notary’s presence (virtually). The notary then affixes their electronic signature and official seal, which must include a notation stating:
“This remote notarization was performed using audio-video communication in accordance with New York Executive Law §135-c.”
Step 4: Recordkeeping
New York’s law mandates extensive recordkeeping by remote notaries:
- Each remote notarization session must be audio-video recorded and retained for at least 10 years.
- An electronic journal must be maintained with details of every notarial act.
- All records must be stored securely and remain accessible to the Department of State upon request.
Step 5: Location rules
The notary must be physically located in New York State at the time of the notarization.
The signer may be located anywhere—in another U.S. state or even overseas—provided the document is related to U.S. law and the signer consents to the jurisdiction of New York.
5. Approved platforms and technology standards
The New York Department of State maintains and updates minimum technology standards for approved RON systems. A compliant platform must include:
- End-to-end encryption of the session.
- Secure identity proofing consistent with NIST SP 800-63A guidelines.
- Tamper-evident document technology.
- Audit trail with timestamps for all actions.
- Long-term data retention compliant with 10-year requirements.
Commonly used platforms that have adapted to New York standards include DocuSign Notary, BlueNotary, OneNotary, Notarize, and other providers that integrate secure identity proofing.
6. Documents eligible for remote notarization
Most documents that can be notarized traditionally in New York can now be notarized online, including:
- Real estate documents and mortgage instruments
- Business contracts and affidavits
- Powers of attorney (if permitted under state form requirements)
- Acknowledgments and jurats
- Government filings and applications
Exceptions:
Certain wills, codicils, and estate instruments may still require in-person notarization under New York’s Estates, Powers, and Trusts Law (EPTL). Always confirm whether your specific document type qualifies.
7. Legal recognition and out-of-state acceptance
A properly performed remote notarization under New York Executive Law §135-c has the same legal force and effect as one performed in person.
Documents notarized by a New York remote notary are recognized across the United States under the Full Faith and Credit Clause and the ESIGN Act. For international use, a New York apostille may be obtained from the Department of State’s Authentication Division to certify the electronic notarization for foreign jurisdictions that are members of the Hague Apostille Convention.
8. Compliance responsibilities for New York notaries
New York imposes some of the strictest compliance rules in the country:
| Requirement | Description |
|---|---|
| Record retention | 10 years (audio-video recording + electronic journal) |
| Technology disclosure | Must use only approved platforms and disclose them to the DOS |
| Physical location | Notary must be in New York at the time of notarization |
| Jurisdiction statement | Each certificate must indicate the notarization was performed remotely under §135-c |
| Audit access | The DOS can inspect or request journal and recording data at any time |
Failure to comply may result in disciplinary action, suspension, or revocation of the notary’s commission.
9. Advantages of New York’s RON framework
- Accessibility: Signers can appear from anywhere worldwide.
- Security: Multi-factor identity checks and tamper-evident seals prevent fraud.
- Efficiency: Faster completion of business and real estate transactions.
- Transparency: Full session recordings create a verifiable record.
- Future-proofing: Aligns with federal and interstate digital authentication standards.
10. Summary
| Aspect | Key Facts (New York, 2025) |
|---|---|
| Governing Law | Executive Law §135-c; 19 NYCRR Part 182 |
| Effective Date | Permanent RON effective January 25, 2023 |
| Commission Type | Traditional + Electronic Notary Registration |
| Identity Verification | Credential analysis + KBA (unless personally known) |
| Retention Period | 10 years (recordings and journals) |
| Notary Location | Must be in New York; signer may be anywhere |
| Platform Requirements | Secure, encrypted, NIST-compliant, DOS-approved |
| Legal Effect | Equal to in-person notarization under ESRA & ESIGN |
Final Thoughts
New York’s Remote Online Notarization law represents a major modernization of legal and business practice, balancing convenience with strong consumer protection. Whether you’re a lawyer, lender, real estate agent, or individual signer, understanding the procedures and compliance duties under Executive Law §135-c is essential.
With secure platforms, robust recordkeeping, and clear legal recognition, New York’s RON system is now one of the nation’s most advanced—bringing the notarial process fully into the digital era.
Would you like me to design a matching infographic showing “How Remote Online Notarization Works in New York (Step-by-Step)” with icons for ID verification, e-signature, and recording? It would make an excellent companion visual for this article.
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write an article about the difference between a digital and electronic signature
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The Difference Between a Digital Signature and an Electronic Signature
As more legal, business, and financial transactions move online, the terms “digital signature” and “electronic signature” are often used interchangeably—but they actually mean different things. Understanding this distinction is essential for lawyers, notaries, and anyone involved in verifying documents in a digital environment.
1. Overview
Both electronic signatures and digital signatures are methods of signing documents electronically. However:
- An electronic signature (eSignature) is a broad legal concept — any electronic process that shows a person’s intent to sign a document.
- A digital signature is a specific technical implementation that uses encryption and digital certificates to ensure authenticity, integrity, and non-repudiation of the signed document.
Put simply:
All digital signatures are electronic signatures, but not all electronic signatures are digital signatures.
2. Electronic signatures: the legal concept
Definition
An electronic signature is defined under U.S. and international law as any symbol, sound, or process attached to or logically associated with a record and executed with the intent to sign.
Legal frameworks
- U.S. ESIGN Act (15 U.S.C. §7006)
- Uniform Electronic Transactions Act (UETA)
- EU eIDAS Regulation (Regulation (EU) No. 910/2014)
- Australia’s Electronic Transactions Act 1999 (Cth)
These laws establish that an eSignature cannot be denied legal effect solely because it is electronic.
Examples of electronic signatures
- Typing your name at the end of an email.
- Clicking “I Agree” on a contract or terms and conditions.
- Drawing your signature with a mouse or stylus.
- Using a platform like DocuSign or Adobe Sign where you “click to sign.”
Key characteristics
| Feature | Description |
|---|---|
| Purpose | Shows intent to sign or approve a document. |
| Form | Flexible — can be text, sound, or image. |
| Legal standing | Valid under ESIGN, UETA, and similar laws if intent and consent are proven. |
| Security | Depends on the platform; may not include encryption or verification. |
| Verification | Relies on contextual evidence (email trail, IP address, audit logs). |
Electronic signatures are ideal for low- to medium-risk transactions—such as NDAs, HR forms, or service agreements—where convenience and speed are priorities.
3. Digital signatures: the technical standard
Definition
A digital signature uses a cryptographic process to secure the document and verify both the signer’s identity and the integrity of the signed content. It’s based on Public Key Infrastructure (PKI) technology.
How it works
- The signer’s private key (held securely in a digital certificate) is used to create a unique encrypted hash of the document.
- The recipient can use the signer’s public key to verify that:
- The signature is authentic (it came from the holder of the private key).
- The document has not been altered since signing.
Key characteristics
| Feature | Description |
|---|---|
| Purpose | Ensures authenticity, integrity, and non-repudiation. |
| Form | Cryptographically bound to the document; tamper-evident. |
| Legal standing | Recognized as a “secure electronic signature” under ESIGN and eIDAS. |
| Security | Strong—uses encryption, PKI, and digital certificates issued by a Certificate Authority (CA). |
| Verification | Can be independently validated by software (e.g., Adobe Acrobat) or through a CA. |
Digital signatures are used for high-assurance documents such as:
- Notarial acts and legal filings
- Government and financial records
- Medical or compliance documents
- Cross-border contracts requiring verified signer identity
4. Legal standing and evidentiary value
Both eSignatures and digital signatures are legally enforceable, but their evidentiary weight differs.
| Aspect | Electronic Signature | Digital Signature |
|---|---|---|
| Proof of identity | Based on context (email, login, consent). | Verified through digital certificate (PKI). |
| Tamper detection | Usually none or minimal. | Tamper-evident; any change invalidates signature. |
| Authentication | May rely on passwords or audit logs. | Verified using cryptographic keys. |
| Non-repudiation | Weak; signer could deny intent. | Strong; signature is uniquely bound to signer’s identity. |
| Common use cases | Everyday business contracts, HR, service agreements. | Legal, financial, and government documents requiring high trust. |
5. Regulatory recognition
| Jurisdiction | Electronic Signature Law | Recognition of Digital Signature |
|---|---|---|
| United States | ESIGN & UETA | Recognized as secure e-signature using PKI |
| European Union | eIDAS Regulation | Qualified Electronic Signature (QES) is digital-signature based |
| Australia | Electronic Transactions Act 1999 | Accepts digital certificates under the Gatekeeper PKI framework |
| India | Information Technology Act 2000 | Digital signature mandatory for many filings via Controller of Certifying Authorities (CCA) |
6. Practical analogy
Think of it like this:
- Electronic signature: Writing your name in ink on a paper document.
- Digital signature: Writing your name and then sealing it with a tamper-proof hologram and ID chip that proves who you are and that nothing in the document has changed.
7. Combining both: how modern systems work
Most modern e-signature platforms (e.g., DocuSign, Adobe Sign, OneSpan, or Notarize) use digital signature technology behind the scenes to strengthen ordinary e-signatures. The signer may simply “click to sign,” but the platform attaches a digital certificate to create a legally verifiable, tamper-evident record.
This hybrid approach provides the usability of an eSignature and the security of a digital signature, satisfying legal and regulatory requirements for both business and government transactions.
8. Summary
| Feature | Electronic Signature | Digital Signature |
|---|---|---|
| Nature | Legal concept showing intent | Technical process ensuring security |
| Technology | Any electronic mark | PKI-based cryptography |
| Verification | Contextual (IP, email, consent) | Cryptographic validation |
| Security level | Moderate | High |
| Legal enforceability | Valid under ESIGN/UETA | Recognized as “secure” or “qualified” |
| Best for | Routine agreements | Sensitive or regulated documents |
Final Thoughts
The key difference lies in trust and verification.
An electronic signature confirms who intended to sign, while a digital signature proves who actually signed and that nothing has changed since.
For most business purposes, a well-implemented eSignature platform is sufficient. But when legal certainty, regulatory compliance, or international acceptance is critical, a digital signature—anchored in PKI technology—is the gold standard.
Would you like me to create an accompanying diagram or infographic visually explaining how an electronic signature differs from a digital signature (showing intent vs. encryption, private/public key flow, and verification steps)?
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write an article about online notarisation in florida
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Online Notarization in Florida: A Complete Guide (2025)
Florida is one of the most progressive U.S. states when it comes to remote online notarization (RON). Since January 1, 2020, Florida law has allowed commissioned notaries to notarize documents online through secure audio-video communication — transforming how individuals, businesses, and law firms handle legal paperwork.
This article explains the legal basis, requirements, procedures, and best practices for online notarization in Florida as of 2025.
1. Legal framework for online notarization in Florida
Governing statutes
Remote Online Notarization in Florida is authorized under the Florida Statutes, Chapter 117, as amended by House Bill 409 (2019), and further clarified in Florida Administrative Code, Chapter 1N-7.001 (rules of the Department of State).
Key statutory sections:
- §117.201–§117.305, Florida Statutes: Authorize and regulate online notarization.
- §668.50, Florida Statutes (Florida Electronic Signature Act): Recognizes electronic signatures and records.
- Federal ESIGN Act (15 U.S.C. §7001): Provides national recognition of electronic signatures.
These provisions make online notarizations performed by a Florida-commissioned notary legally equivalent to traditional, in-person notarizations.
2. Who can perform online notarization in Florida
A notary public must be commissioned by the Florida Department of State and separately registered as an “Online Notary Public.”
Registration requirements:
- Hold an active Florida notary commission.
- Complete a two-hour training course on remote notarization from an approved provider.
- Obtain a $25,000 bond and a $25,000 errors & omissions (E&O) insurance policy.
- Contract with a state-approved RON service provider (e.g., DocuSign Notary, Notarize, SIGNiX, BlueNotary).
- Provide the Secretary of State with a description of the technology used, your digital certificate, and your electronic seal.
Once registered, the notary may perform RONs for signers located anywhere in the U.S. or abroad, as long as the notary is physically located in Florida during the act.
3. How Florida online notarization works
Florida’s RON process is standardized by law to ensure both security and legal validity.
Step 1: Secure audio-video connection
The notary and signer appear together in a real-time, two-way audiovisual session. The platform must record and encrypt the entire session, which is retained for 10 years.
Step 2: Identity proofing
The signer’s identity must be verified using two-factor authentication, including:
- Credential analysis: Automated examination of a government-issued photo ID.
- Knowledge-based authentication (KBA): Dynamic personal questions drawn from public or credit databases.
If the signer is personally known to the notary, KBA may be bypassed.
Step 3: Document execution
The signer electronically signs the document during the live session. The notary then applies their digital certificate and electronic seal, both secured by Public Key Infrastructure (PKI).
Each notarization must include the notation:
“This notarial act involved the use of online notarization pursuant to Chapter 117, Florida Statutes.”
Step 4: Recordkeeping
The online notary must:
- Maintain an electronic journal of all online notarizations.
- Retain the audio-video recording and journal entry for 10 years.
- Ensure the data is stored in a secure, tamper-evident format.
Step 5: Document return
The completed document is digitally signed and sealed, and a tamper-evident audit trail is generated. Most RON platforms allow instant download and electronic sharing of the notarized file.
4. Location and jurisdiction rules
- The notary must be physically in Florida during the notarization.
- The signer can be anywhere in the world.
- The notary’s certificate must state that the act was performed pursuant to Florida law.
- The notary must confirm that the signer understands the transaction and consents to use of online notarization.
If the signer is located outside the U.S., the notary must determine that the act:
- Does not violate foreign law, and
- Is not related to property in a foreign country or the execution of a will or codicil.
5. Documents eligible for online notarization
Most documents that can be notarized traditionally can be notarized online in Florida, including:
- Real estate deeds, mortgages, and loan packages.
- Affidavits, powers of attorney, and statutory declarations.
- Business contracts and corporate resolutions.
- Identity verification forms and consent documents.
Exceptions
Florida law prohibits remote notarization of certain testamentary instruments, such as:
- Wills and codicils.
- Revocable trusts intended to take effect upon death.
However, since 2020, remote electronic wills are permitted if specific witness and storage requirements under §732.522 are met.
6. Security and technology standards
Florida requires online notarization platforms to implement:
- End-to-end encryption of all sessions.
- Tamper-evident document technology using digital certificates.
- NIST-compliant identity verification protocols.
- Audit trails with timestamps for every action.
- Long-term secure storage for recordings and journals.
These requirements ensure each RON is legally defensible and resistant to fraud.
7. Legal recognition and cross-border acceptance
Under §117.285(2), Florida Statutes, an online notarization has the same legal effect as an in-person notarization. Documents notarized by a Florida online notary are recognized in all other U.S. states under the Full Faith and Credit Clause and the ESIGN Act.
For international use, Florida RON documents can be authenticated with an apostille under the Hague Apostille Convention (issued by the Florida Department of State).
8. Practical tips for Florida online notaries
| Do | Don’t |
|---|---|
| Use only approved RON providers registered with the state. | Don’t perform RONs while outside Florida. |
| Keep recordings and journals for at least 10 years. | Don’t notarize a will or codicil unless allowed under the electronic wills statute. |
| Always disclose your RON platform and digital certificate details to the state. | Don’t skip KBA or ID analysis unless the signer is personally known. |
| Include the RON statement in every certificate. | Don’t rely on unencrypted or noncompliant platforms. |
9. Benefits of Florida RON
| Advantage | Description |
|---|---|
| Convenience | Signers can appear from anywhere worldwide. |
| Speed | Eliminates travel, mailing, and scheduling delays. |
| Security | PKI encryption and full session recordings prevent fraud. |
| Accessibility | Ideal for overseas clients, real estate closings, and busy professionals. |
| Legal certainty | Fully recognized under Florida and federal law. |
10. Summary
| Aspect | Florida Online Notarization (2025) |
|---|---|
| Effective since | January 1, 2020 |
| Governing law | Fla. Stat. §§117.201–117.305; Fla. Admin. Code Ch. 1N-7.001 |
| Location of notary | Must be in Florida |
| Location of signer | Anywhere in the world |
| Recording retention | 10 years |
| Identity verification | Credential analysis + KBA |
| Excluded documents | Wills, codicils, and some trusts |
| Technology | Secure, encrypted, tamper-evident RON platforms |
| Legal validity | Equivalent to in-person notarization |
Final Thoughts
Florida’s online notarization law combines technological innovation with strong consumer protections, setting a national example for secure and accessible notarial practice. Whether you’re closing a real estate deal, executing a power of attorney, or signing a corporate document from abroad, Florida’s RON framework offers a fast, safe, and legally sound solution.
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Online Notarization in California: Current Status and Emerging Reforms (2025)
California, the world’s fifth-largest economy and home to many of the world’s leading technology companies, has long been a holdout among U.S. states when it comes to remote online notarization (RON). Unlike states such as Florida, Texas, and Virginia—which have embraced RON for years—California has taken a cautious, privacy-focused approach.
As of 2025, California notaries cannot yet perform online notarizations under permanent state law. However, important legislative progress is underway, and the state is preparing for a secure, consumer-oriented framework that could come into effect in the near future.
This article explains where things stand, what the pending laws propose, and how Californians can still use remote notarization legally under existing rules.
1. The current legal landscape
No permanent authorization (as of 2025)
California law presently requires personal appearance before a notary for all notarial acts. This rule comes from California Government Code §1189, which states that the signer must “personally appear before the notary public” at the time of notarization.
There is no active state statute that permits a California notary to perform a notarization by audio-video communication.
Pandemic exceptions have expired
During the COVID-19 pandemic, several states enacted emergency rules allowing temporary online notarizations.
California did not implement such temporary authorizations, citing concerns over:
- Data privacy and cybersecurity,
- Verification of signer identity,
- Risks of fraud in real estate transactions.
Thus, even during the pandemic, Californians had to rely on in-person notarization or out-of-state RON services.
2. Legislative efforts to authorize RON in California
California has been actively debating RON authorization for several years. The most significant effort is:
Assembly Bill 743 (AB 743) — Remote Online Notarization Act of 2023
- Status: Passed the Assembly in 2023; under continued consideration in 2024–2025.
- Goal: To authorize California notaries to perform remote online notarizations while incorporating some of the nation’s strongest privacy and consumer protections.
- Key features proposed:
- Notaries would need to register as “remote notaries” with the California Secretary of State.
- Identity verification would require multi-factor authentication, including credential analysis and knowledge-based authentication (KBA).
- The notary must be physically located in California during the notarization.
- The signer could be anywhere, provided the document relates to U.S. law and the signer consents.
- Audio-video recordings and electronic journals must be securely stored for 10 years.
- The state would approve or certify RON platforms meeting California’s strict data privacy and encryption standards, consistent with the California Consumer Privacy Act (CCPA).
AB 743 closely aligns with national model laws like the Uniform Law Commission’s RULONA (Revised Uniform Law on Notarial Acts, 2021) and anticipates compatibility with any forthcoming federal SECURE Notarization Act.
3. How Californians can legally use RON today
Although California notaries cannot themselves perform online notarizations, California residents and businesses can still make use of remote notarization in specific ways:
Option 1: Out-of-state online notaries
A document notarized by a remote online notary commissioned in another state (for example, Florida, Texas, or Virginia) is valid in California if:
- The notarization complies with the laws of the notary’s commissioning state, and
- The document is intended for use in a jurisdiction that recognizes remote notarizations (including California).
This is supported by California Civil Code §1189(b), which states that a notarization performed under the authority of another state or country is valid in California if it complies with that jurisdiction’s law.
Example:
A Florida online notary may notarize a document for a California resident via video, provided the notary follows Florida’s Chapter 117 RON rules. The resulting document is legally effective in California.
Option 2: Electronic signatures without notarization
For documents that don’t require notarization (e.g., contracts, internal agreements, or certain consents), Californians can rely on the Uniform Electronic Transactions Act (UETA) and federal ESIGN Act, which make electronic signatures legally binding.
These laws are already fully implemented in California through Civil Code §1633.1–§1633.17.
4. How California’s proposed approach differs from other states
| Feature | Florida / Texas (Existing RON) | California (Proposed) |
|---|---|---|
| Authorization | Active RON laws since 2020 / 2018 | Pending legislation (AB 743) |
| Identity verification | Credential + KBA | Credential + KBA + possible biometric ID |
| Recording retention | 5–10 years | 10 years minimum |
| Platform regulation | Vendor self-certification | State pre-approval and CCPA compliance |
| Privacy framework | General data protection | CCPA-aligned, with explicit data handling limits |
| Jurisdiction of notary | Notary must be in-state | Notary must be in California |
| Signers outside the U.S. | Allowed under certain conditions | Likely permitted with added data safeguards |
California’s draft law is thus more restrictive than many other states—but also more privacy-conscious. It places significant emphasis on consumer rights, encryption standards, and auditability.
5. The role of the federal SECURE Notarization Act
The SECURE Notarization Act of 2025 (H.R. 1777 / S. 1561), reintroduced in Congress, seeks to:
- Establish minimum federal standards for RON,
- Ensure interstate recognition of online notarizations, and
- Permit cross-border remote notarizations across all states.
If passed, it would not override state law but would enable Californians to rely more freely on RON services from other states until California implements its own system.
6. Advantages and challenges ahead
Potential benefits once RON is implemented:
- Convenience: Californians could sign documents remotely anywhere in the world.
- Accessibility: Easier notarization for military members, overseas citizens, and disabled persons.
- Efficiency: Faster real estate and legal transactions.
- Digital integrity: Electronic seals and digital certificates make tampering evident.
Main concerns holding California back:
- Cybersecurity and protection of sensitive personal data.
- Fraud prevention in real estate and financial instruments.
- Consumer transparency and consent under the CCPA and CPRA (Privacy Rights Act 2020).
Lawmakers continue to weigh these considerations before authorizing full-scale RON operations.
7. What businesses and professionals can do now
- Monitor legislative updates: Follow AB 743 and related bills through the California Legislative Information portal.
- Adopt hybrid workflows: Combine e-signature solutions (e.g., DocuSign, Adobe Sign) with in-person notarization for documents requiring notarial acknowledgment.
- Use out-of-state RON when lawful: Engage notaries commissioned in states where RON is legal, particularly for documents to be used outside California.
- Prepare for compliance: Expect upcoming RON rules to integrate California’s data protection and privacy disclosure standards—plan ahead by using secure, encrypted digital platforms.
8. Summary
| Aspect | Status (California, 2025) |
|---|---|
| RON availability | Not yet authorized for CA notaries |
| In-person requirement | Still mandatory under Gov. Code §1189 |
| Pending legislation | AB 743 – Remote Online Notarization Act |
| Out-of-state RON recognition | Valid if compliant with other state law |
| Privacy framework | CCPA and CPRA govern future implementation |
| Expected timeline | Possibly 2026–2027 depending on legislative passage |
| Federal context | SECURE Notarization Act would facilitate interstate recognition |
Final Thoughts
California’s cautious but deliberate approach aims to balance innovation with consumer protection. While online notarization is not yet available to California notaries, reform is on the horizon.
In the meantime, Californians can lawfully use RON services from out-of-state notaries for many transactions and should prepare for the eventual rollout of a California-specific RON system designed to meet the state’s high standards for privacy, security, and trust.
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